【社評雙語道】法官辦案無畏無懼 維護香港法治精神
【原文】摘錄自1月23日香港《文匯報》2024年法律年度開啟典禮於1月22日舉行，終審法院首席法官張舉能致辭時指，司法機構十分重視維護國安的責任，強調無論別人對司法制度提出怎樣的說法或評論，法官均會繼續以「無懼、無偏、無私、無欺」精神，公正有效地主持正義。香港司法機構頂住反華勢力制裁恐嚇的巨大壓力，嚴格按照基本法和香港國安法的規定，以事實為依據、以法律為準繩，遵循法定程序秉公獨立辦案，對涉國安案件作出客觀公正的處理，彰顯了司法公義，增強各界對本港良好法治的信心。
維護香港法治精神和司法制度是堅持「一國兩制」應有之義。自香港國安法頒布實施以來，香港社會秩序迅速恢復，法治正義得到伸張，迎來由亂到治、由治及興的重大轉折。香港司法機構根據基本法和香港國安法的規定，對涉國安案件作出客觀公正的處理，部分要案經法庭審訊和裁決，已成為「鐵案」，包括國安第一案重判唐英傑，以及駁回黎智英挑戰香港國安法的覆核，作出多個明確香港國安法具有凌駕性的裁決，有力維護了基本法和香港國安法的權威。
過去幾年，有別有用心之徒肆意抹黑香港國安法和香港司法制度，攻擊香港司法機構濫用國安法權力進行「政治審判」；美西方政客公然叫囂對香港國安法法官實施制裁，明目張膽破壞香港法治精神、干預香港司法制度，企圖影響香港法官和司法人員秉公辦案。
難能可貴的是，香港法官和司法人員恪守司法誓言，竭誠盡責地履行職務，嚴格根據法律原則，維持司法公義。去年和今年香港在「世界正義工程」法治指數中的排名均維持高位，今年在142個司法管轄區中排名第23位，比排名第26的美國高三位。張舉能指出，法官必須能夠在不受干擾或非正當壓力下對案件作出判決及在判詞中解釋其決定，這點對司法獨立至關重要。
尊重法治是香港社會的核心價值，香港司法機構和司法制度備受推崇。律政司司長林定國在同一場合致辭時強調，沒有絲毫證據顯示司法機構獨立的司法權在涉及國家安全的案件中受到損害，「香港的法官和司法人員竭誠盡責地履行職務，應該『以他們為榮』。」從中央到特區政府、香港社會各界堅定支持法官和司法人員無畏無懼、獨立公正履職，依法維護國家安全，絕不會因外部勢力的威脅恫嚇而有絲毫動搖，確保在法治軌道下推動「一國兩制」實踐行穩致遠。
Judges administering justice without fear or favour to uphold the rule of law
【譯文】Speaking at the Ceremonial Opening of the Legal Year 2024 on 22 January, Chief Justice Andrew Cheung Kui-nung said the Judiciary attached great importance to its duty to safeguard national security and emphasised that judges would continue to administer justice fairly and efficiently, without fear or favour, self-interest or deceit, whatever might be said or written about our legal system. The Hong Kong Judiciary has withstood immense pressure of sanctions and threats from anti-China forces and has handled national security cases objectively and fairly in strict accordance with the Basic Law and the Hong Kong National Security Law, on the basis of facts and the law, and in accordance with the statutory procedures. This has demonstrated judicial justice and strengthened the confidence of all sectors in the rule of law in Hong Kong.
Upholding the spirit of the rule of law and safeguarding the judicial system in Hong Kong is an essential aspect of the “One Country, Two Systems”. Since the implementation of the Hong Kong National Security Law, social order in Hong Kong has been rapidly restored, and justice and the rule of law have been upheld, marking a significant turning point from chaos to order and from stability to prosperity. The Hong Kong Judiciary has handled national security cases objectively and impartially in accordance with provisions of the Basic Law and the Hong Kong National Security Law. Some landmark cases have become "ironclad" after trial and ruling by the courts, including the severe sentencing of Tong Ying Kit in the first case of national security and the dismissal of Jimmy Lai's challenge to Hong Kong's National Security Law. These rulings have clearly demonstrated the overriding authority of the Hong Kong National Security Law, effectively safeguarding the authority of the Basic Law and the Hong Kong National Security Law.
Over the past few years, certain individuals with ulterior motives have wilfully discredited Hong Kong's National Security Law and Hong Kong's legal system, accusing the Judiciary of abusing its power under the National Security Law for "political trials". Politicians in the US and the West have openly threatened to impose sanctions on Designated National Security Law Judges, blatantly undermining Hong Kong's spirit of the rule of law and interfering with Hong Kong's judicial system, in a bid to influence judges and judicial officers in their impartial handling of cases.
What is remarkable is that Hong Kong's judges and judicial officers have upheld their Judicial Oath, discharged their duties faithfully and conscientiously, and administered justice in strict accordance with the principles of the law. Last year and this year, Hong Kong maintained its high ranking in the World Justice Project Rule of Law Index, and this year, Hong Kong ranked 23rd out of 142 jurisdictions, three places higher than the United States, which ranked 26th. Chief Justice Andrew Cheung pointed out that judges must be able to decide cases and explain their decisions in judgments without interference or illegitimate pressure, which was of cardinal importance to judicial independence.
Respect for the rule of law is a core value of the Hong Kong community, and the Hong Kong Judiciary and judicial system are highly regarded. In his speech on the same occasion, the Secretary for Justice, Mr Paul Lam Ting-kwok, emphasised that there was not even one iota of evidence that the Judiciary's independent judicial power had been compromised in cases involving national security, and that "we should be grateful to, and proud of, our Judges and Judicial Officers who have continued to do their jobs faithfully in accordance with the Judicial Oath, as is always the case." The Central Government, the HKSAR Government and all sectors of the Hong Kong Community firmly support that the judges and judicial officers discharge their duties independently and fairly without fear and in accordance with the law to safeguard national security, and will not be swayed in the slightest by threats and intimidation from external forces, so as to steadfastly and successfully implement "One Country, Two Systems"within the framework of the rule of law.
◆ 琬琰
